CoolHandFluke

Hi all, me again, well after licking my wounds and coming to terms that my dream to reside in California is looking bleak, not one to give up easily, I have come up with a plan of some sort...

Well, my main problem is realising ticking no on the moral turpitude question (in my defence in ignorance) and with 11 year old criminal conviction not being declared on previous visits to the USA, my plan is to rectify this error and reapply for an esta,
I would expect to be denied, and I would look to make a meeting at the embassy in London and let them know why I ticked no and not knowing my spent conviction would have to be declared.

one outcome would be a ban from the us and I would have to come to terms with the fact I can never visit my family or vegas again.
Another possible outcome would be they let me apply for a waiver of non-eligibility and fingers crossed I may get approved.

This way, at least I have rectified my error on my previous estas and hopefully this will show on my record in the future should I get a sponsor from an employer.

As said earlier I was offered a job in construction management but I have no degree but running my own company for 10 years should be an equivalent, however straight after Christmas I will be starting my level 6 qual in construction management, which is degree level and hopefully make a possible h1-b visa application more appealing for the us embassy..

As you may or may not know, I was kind of offered 2 jobs, as of yet im still waiting on details on wether or not there willing to stump up the costs of helping me with a visa, I will be doing this in the background..

Thoughts?

neill

For an H-1B you don't necessarily need a degree, but in lieu you need the equivalent experience and you will need to have it evaluated as such. See 8 CFR 214.2(h)(4)(iii)(C)(4). (Same goes for EB-based immigrant visas.)
I know you know you have bigger hurdles than this though.

CoolHandFluke

how do I see that link- I think my experience must count for something, 10 plus years running a busy company, with employees etc, however, im wanting the qualification to make myself more attractive to potential employers

Noorah101

If you apply for a new ESTA (ticking yes this time) and it comes back approved, you can visit the USA using the VWP.

If ESTA gets denied, you need to apply for a B-2 tourist visa and go for an in-person interview at the embassy. You may or may not get an opportunity to plead your case there. Either way, don't start talking and trying to explain anything. Just answer whatever questions are asked of you with only pertinent info, don't add anything extra.

Having an approved B-2 doesn't help you with future work visa approvals, IMO. Different visas for different purposes.

Yes, your experience counts, as has been said before. 3 years of experience equals 1 year of university. In the USA, 4 years of university, so 12 years of experience. I know UK degrees are more like 3 years so maybe only 9 years of experience needed. I don't know for sure which way it will be looked at.

You aren't trying to look more attractive to the embassy. You're trying to look more attractive to the employer and USCIS.

Rene

Noorah101

There was no link provided. You'll have to Google it.

Rene

CoolHandFluke

thanks again rene

shiversaint

You are permanently ineligible for an ESTA so I wouldn't waste your 14 dollars or whatever it costs, just apply straight for the visa, go for your B-2 now and see how it goes. Revisit the H1-B stuff after that to save wasting a load of people's time and money. I still personally don't think you'll get over the misrep issue as it's pretty severe in your case. It makes permanent residency exceptionally difficult if you end up with a waiver for misrep, even though that isn't a direct route for you on H1-B anyway. Many many mountains in this case to be honest.

CoolHandFluke

yes i know (sad face) but thanks for advice,

civilservant

I'm not sure he'll end up with a misrep, we have seen people on BE before who claimed ignorance and at least one of them got cleared the hurdle. Something tells me that that was for an IR Green Card though, not a non-immigrant visa.

scrubbedexpat099

VWP is for the squeaky clean, find it difficult to believe OP would be eligible. Reasonable to assume a B would be needed with a waiver.

CoolHandFluke

i guess time will tell... il sure update the forum.as i go and hopefully help another british ex criminal with his or her endeavours

Jamackabi

I was one of those people who claimed ignorance. Mainly because I genuinely believe even now that my theft conviction did not warrant a "yes" to the question "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?" on the ESTA. I was quizzed about it at my interview, but perhaps given the benefit of the doubt. I was approved for an IR1, and subsequently given my Green Card. Probably a completely different ball game for a non-immigrant visa no doubt.

CoolHandFluke

thats a positive.. ir1 visa is a marriage one right?

Noorah101

Right.

Rene

scrubbedexpat099

How long did you spend in the clink?